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Home My WebLink AboutFOSSIL LAKE ANNEXATION NO. 3 - 33-01B - REPORTS - RECOMMENDATION/REPORTFossil Lake Annexation No. 3, file #33-01 B January 17, 2002 P & Z Meeting Page 5 (2) warranted by changed conditions within the neighborhood surrounding and including the subject property. The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the LMN - Low Density Mixed Use Neighborhood District. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that a Low Density Mixed Use Residential Neighborhood is appropriate for this location. 5. City Council Hearings: City Council hearings on this proposed annexation will be held on the following dates: Initiating Resolution First Reading Second Reading January 15, 2002 February 19, 2002 March 5, 2002 FINDINGS OF FACT/CONCLUSION: The area meets all criteria included in Colorado State Law to qualify for a voluntary annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Management Area. 3. The proposed annexation is consistent with the applicable criteria in the Fort Collins Land Use Code. 4. The requested LMN — Low Density Mixed Use Neighborhood Zoning District is .consistent with the City's Structure Plan. 5. The property is located within and will be subject to the Fossil Creek Reservoir Area Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Fossil Lake Annexation No. 3, and that the property be placed in the LMN — Low -Density Mixed Use Neighborhood, the UE — Urban Estate, and the T — Transition zone districts. Fossil Lake Annexation No. 3, file #33-01 B January 17, 2002 P & Z Meeting Page 4 development application requiring approval by the Larimer County Board of Commissioners, which is located within the GMA but is not, at the time of development approval, eligible for voluntary annexation to the City. An "Annexation Agreement" is a standard form (Exhibit 2 of the IGA) that the County requires to be signed by the developer of a County development that is approved for property inside the GMA. B. IGA Section 6 — Applications for Development Within the GMA Zoning District.- (1) IGA Section 6(B) - The County may accept development applications for lands located within any area that is part of a "receiving area" established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires the landowner in a receiving area to request annexation to the City, the City will process the annexation petition. The land constituting the Fossil Lake PUD First and Second Filings and the adjacent County Road rights -of -way is the same area that the applicant is requesting to annex with all three Fossil Lake Annexations (No.1, No.2, and No3). Fossil Lake PUD First and Second Filings were both approved developments in the county's "receiving area." 4. Land Use Code Standards A. LUC Section 2.12 Annexation of Land - This section of the Land Use Code requires: (1) that the annexation of lands be in accordance with state law, (2) that the Planning and Zoning Board shall hold a hearing on the matter and report a recommendation to the City Council, and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes (CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a recommendation to Council. The recommended zoning is LMN Low Density Mixed -Use Neighborhood. B., LUC Section 2.9.Amendment to the Zoning Map — This section of the Land Use Code requires that any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial zoning/rezoning) shall be 'recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (1) consistent with the City's Comprehensive Plan; and/or Fossil Lake Annexation No. 3, file #33-01 B January 17, 2002 P & Z Meeting Page 3 contiguity. This contiguity occurs through a common boundary with the Fossil Lake Annexation No. 2. B. CRS 31-12-107 —Petitions for Annexation: The petition for annexation meets this CRS section which requires that the petition include an allegation that the signers of the petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed, exclusive of streets, and the signatures of such land owners. C. Colorado Constitution, Article ll, Section 30 — The Poundstone Amendment: The petition for annexation meets this Constitutional requirement in that the petition includes an allegation that the signers of the petition comprise more than 50% of the landowners of the territory included in the area proposed to be annexed, and the signatures of such land owners. 3. Intergovemmental Agreement Between Fort Collins and Larimer County A. IGA Section 8 - Annexations: (1) IGA Section 8(A) - It is the City's intent to annex properties within the GMA as expeditiously as possible. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land within the GMA which are eligible for voluntary annexation pursuant to state law. (2) IGA Section 8(B) - The City agrees it will not annex property within the Fossil Creek Reservoir Planning Area (south of Kechter Road and east of Timberline Road) unless the County either requires the landowner to petition for annexation or requests that the City consider annexation. (3) IGA Section 8(C) - The City agrees to annex all County Road rights -of -way, easements, etc. adjacent to a voluntary annexation in accordance with state law. (4) IGA Section 8(D)] - The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. (5) IGA Section 8(E) - The City agrees to pursue annexation of any eligible parcel whose owner has signed an annexation agreement. (6) IGA Section 8(F) - The County agrees that the City, in its sole discretion, (except as provided in Section 8(B)) may annex outside the GMA. (7) IGA Section 8(G) - The County agrees to require a binding agreement for future annexation in the form attached as Exhibit 2 as a condition of approval of any Fossil Lake Annexation No. 3, file #33-01 B January 17, 2002 P & Z Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses as follows: N: FA-1 Farming District in Larimer County - , Fossil Lake Annexations No. 1 and No. 2, existing agricultural, future regional park and high school, S: FA-1 Farming District in Larimer County — Fossil Creek Reservoir, E: LMN — existing agricultural, future neighborhood park, future elementary school, FA-1 Farming District - existing agricultural , W: FA-1 Farming District — existing agricultural. The Fossil Lake Annexation No. 3 consists of approximately 274.236 acres of publicly and privately owned property. This annexation includes the remaining portion of the Fossil Lake PUD 2"d Filing (that was not part of Fossil Lake Annexations 1 or 2), and the entirety of Fossil Lake PUD 1 st Filing. The recommended zoning is a combination of the LMN — Low -Density Mixed Use Neighborhood district, the UE — Urban Estate district, and the T — Transition district. The property is located within the Fort Collins Urban Growth Management Area (UGMA) and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan (jointly adopted by the City and County) specifies that development applications for lands within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and East of Timberline Road will be processed by the County in accordance with Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Manangement Area, and that the City will not annex the land until such development applications have obtained final plat approval and the transaction of certain Transferred Development Units (TDUs) has taken place. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment would be necessary to place this property within the Residential Neighborhood Sign District. 2. State Law — Colorado Revised Statutes (CRS) & The Colorado Constitution A. CRS 31-12-104 — Eligibility for Annexation: This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has 7,030 feet of its total boundary of approximately 19,657 feet contiguous to the existing City limits. This exceeds the minimum 3,276 feet required to achieve 1/6 ITEM NO. 5 MEETING DATE 1/17/02 STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: OWNER / APPLICANT: Fossil Lake Annexation No. 3, file #33-01 B Stanley K Everitt Everline LLC 3030 S. College Ave. Fort Collins, CO 80525 PROJECT DESCRIPTION: CovvT/ Nv�o This is the annexation and zoning of approximately 274.236 acres of publicly and privately owned property. This annexation includes the remaining portion of the Fossil Lake PUD 2"d Filing (that was not part of Fossil Lake Annexations 1 or 2), and the entirety of Fossil Lake PUD 1st Filing. The recommended zoning is a combination of the LMN — Low -Density Mixed Use Neighborhood district, the UE — Urban Estate district, and the T — Transition district. The property is located within the Fossil Creek Reservoir Area Plan boundary. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the LMN — Low -Density Mixed Use Neighborhood, the UE — Urban Estate, and the T — Transition zone districts. EXECUTIVE SUMMARY: The annexation application complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. The property is partially developed and partially undeveloped and is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN - Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT